교통사고처리특례법위반(치상)
The prosecution of this case is dismissed.
1. Around 07:22 on June 13, 2017, the Defendant: (a) driven a large-sized freight vehicle B and parked at the edge of the third-lane line in the front C, located in the Busan-gun; (b) the Defendant was on a sloped road; and (c) the loading of a freight is on a 25 ton, but the loading of the freight, without performing the duty of care to install a solid tree on the wheels and fix the equipment in the direction inside the road, and without performing the duty of care to return it to the inside of the road; (d) the Defendant caused the Defendant’s occupational negligence, which parked the freight without performing the duty of care to set the equipment in the direction inside the road, thereby incurring about 100 meters of the said freight down from the center line to C from the direction of the Medegri, and caused the Defendant’s permanent damage to the left-hand end, i.e., the victim D (Seoul, 56 years old) 1 ton the upper part of the 13-day truck.
2. Determination
(a) Applicable provisions: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;
(b) Crimes of non-violation of intention: The main sentence of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic
C. On December 12, 2018, after the prosecution of this case, a written application for non-prosecution to punish the victim was submitted.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;